CHRISTIAN v. PAUL WEITZ ASSOCIATES (2025)

Supreme Court, Appellate Term, New York,

Elaina CHRISTIAN, Plaintiff-Appellant, v. PAUL B. WEITZ & ASSOCIATES, P.C., Defendant-Respondent.

570313 /25

Decided: June 23, 2025

PRESENT: Brigantti, J.P., James, Perez, JJ.

Order (Jessica I. Bourbon, J.), entered January 17, 2025, affirmed, with $10 costs.

Civil Court properly dismissed plaintiff's action for legal malpractice based upon documentary evidence that conclusively established a defense to the action (see CPLR 3211 [a] [1]; Leon v Martinez, 84 NY2d 83 [1994]). Defendant submitted, among other things, email correspondence between the parties, the March 15, 2023 letter accompanying the check in settlement of plaintiff's underlying personal injury action and plaintiff's executed receipt of “client share” of the settlement of that underlying action. These documents flatly contradict the facts on which the claim of malpractice rests by showing that plaintiff expressly authorized defendant to settle her personal injury action for $35,000, inclusive of a one-third legal fee, with the reduced Medicare lien deducted from defendant's fees (see Laruccia v Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, 295 AD2d 321 [2002], lv denied 98 NY2d 753 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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